Free Petition/Order Modifying Conditions of Supervision - District Court of Colorado - Colorado

Case 1:00-cr-00296-WDM
PROB 12M (10/01-D/CO)

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UNITED STATES DISTRICT COURT
for DISTRICT OF COLORADO

U. S. A. vs. MICHAEL C. SCOTT

Docket No. 00-cr-00296-WDM-01

Petition for Issuance of a Summons because of Violation of Supervised Release COMES NOW, JOHN B. GRIFFIN, PROBATION OFFICER OF THE COURT presenting an official report upon the conduct and attitude of MICHAEL C. SCOTT who was placed on supervision by the Honorable Walker D. Miller sitting in the court at Denver, Colorado, on the 25th day of October, 2001, who fixed the period of supervision at three (3) years, commencing July 3, 2003, and imposed the general terms and conditions theretofore adopted by the court and also imposed special conditions and terms as follows: 1. The defendant shall participate in a program of testing and treatment for alcohol abuse, as directed by the probation officer, until such time as the defendant is released from the program by the probation officer. The defendant shall abstain from the use of alcohol or other intoxicants during the course of treatment. The defendant will be required to pay the cost of treatment as directed by the probation officer. The defendant shall participate in a program of mental health treatment as directed by the probation officer until such time as the defendant is released from the program by the probation officer. The defendant will be required to pay the cost of the treatment as directed by the probation officer. The Court authorizes the probation officer to release psychological records and/or the presentence report to the treatment agency for continuity of treatment.

2.

RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS:
(If short insert here: if lengthy write on separate sheet and attach)

Petitioner states there is probable cause to believe that the Defendant has violated a condition of his supervised release as more particularly described in the attachment which is incorporated by reference. Pursuant to Rule 32.1, Petitioner requests that the Court issue a summons for the Defendant who violated a condition of his supervised release and require defendant to appear at a violation hearing. I state under penalty of perjury that the foregoing matters are true and correct to the best of my knowledge and belief. Executed this 30th day of June, 2006. s/ John B. Griffin John B. Griffin, Supervising Probation Officer ORDER OF THE COURT Based upon the foregoing, I find probable cause exists to believe the Defendant has violated a condition of his supervised release. I order that a summons be issued for Defendant and that he be required to appear at a violation hearing. Dated this 30th day of June, 2006. s/ Walker D. Miller _______________________________________ WALKER D. MILLER, United States District Judge

Case 1:00-cr-00296-WDM

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ATTACHMENT

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Attached hereto as Exhibit A and incorporated by reference is a true copy of the Conditions of Supervised Release signed by the defendant on July 15, 2003. His signature on this occasion acknowledged that the conditions had been read and explained to him, that he fully understood said conditions, and that he was provided with a copy of them. The term of supervised release commenced on July 3, 2003. The defendant has committed the following violations of supervised release: 1. VIOLATION OF THE LAW:

On or about February 14, 2006, the defendant committed the offense of Harassment, in violation of Colorado Revised Statutes, Section 18-9-111(1)(a). This is a Class 3 misdemeanor, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: According to court documents and police records in this matter, on February 14, 2006, the defendant proceeded to a residence in Colorado Springs, Colorado that belonged to victim, Robert Christopher Rowe. Mr. Rowe was an ex-roommate of the defendant and they previously resided with one another until approximately July 2003. Upon arrival at Mr. Rowe' residence, police reports reflect that the defendant began pounding on the front screen door and s yelling for Mr. Rowe to open the door. When the victim did not respond, the defendant opened the screen door and began pounding on the front interior door. The victim advised police officials that when the defendant did not leave, Mr. Rowe responded to the front door with a roll of packing paper as a means to defend himself. Mr. Rowe opened the door, and before he could react, the defendant forced the door open, breaking the door. Mr. Rowe further stated to police that the defendant forced his way into the residence and knocked Mr. Rowe backwards against a stair railing, which overlooks the lower level of the residence. The victim responded by pushing the defendant backwards towards the front door and Mr. Rowe ran into the kitchen area to call police. The defendant immediately fled the scene and the victim observed the defendant leave in a green sedan. Upon the arrival of Colorado Springs Police Officers, Mr. Rowe further explained what happened and the police officers confirmed the damage to the front door. Mr. Rowe advised that the defendant, Michael Scott, had never resided with Mr. Rowe at Rowe' current address but Rowe resided with the defendant at the defendant' current address. Victim Rowe s s further advised that sometime in 2005, the defendant had filed a small claims suit against Rowe for back rent of $1,500.00. Mr. Rowe believed the defendant was still angry over the money that was owed to defendant. The defendant was later contacted (see Violation No. 2) and transported to the Colorado Springs Police Station and further questioned by police officials. Upon questioning, the defendant denied having any contact with victim Rowe that particular day. The defendant did admit he was in the area where Mr. Rowe resided but only to distribute flyers to neighbors regarding Rowe as Scott had discovered that Rowe was a convicted sex offender. When police advised Scott that several witnesses saw Scott in an altercation with victim Rowe, defendant stated " me an attorney, I' done talking." get m On or about February 24, 2006, a three count criminal complaint was filed in El Paso County District Court, Colorado Springs, Colorado charging the defendant with Count 1, Second Degree Burglary, a Class 3 felony; Count 2, Criminal Mischief, a Class 2 misdemeanor; and Count 3, Harassment, a Class 3 misdemeanor. This matter was filed under Case No. 2006-CR-00916, Division 5. Subsequently, on or about April 13, 2006, the District Attorney amended the original complaint to include Count 4, Driving Under the Influence of Alcohol, a misdemeanor (see Violation No. 2). On June 15, 2006, the defendant appeared in court with counsel and entered a plea of guilty to Count 3, Harassment; and Count 4, Driving Under the Influence of Alcohol, both misdemeanor convictions. The defendant was sentenced by the Court to one (1) year unsupervised probation with the following special conditions: Perform 24 hours community service work, pay costs and fines totaling $451.00 and complete a Level II Alcohol Abuse Education Course by the end of probation.

Case 1:00-cr-00296-WDM
2. VIOLATION OF THE LAW:

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On or about February 14, 2006, the defendant committed the offense of Driving Under the Influence of Alcohol, in violation of Colorado Revised Statutes, Section 42-4-1301(1)(a). This is a misdemeanor which constitutes a Grade C violation of supervised release. This charge is based on the following facts: While police officials were investigating the harassment matter as noted above in Violation No. 1, the victim and police were discussing this matter in the front area of the victim' residence. The victim, Robert Christopher Rowe, and police s officials then observed a green sedan drive by the residence and he advised police who then followed the defendant. The police eventually pulled the defendant over a few blocks away from Rowe's residence. The police observed that the green sedan was bearing license plates that belonged to defendant, Michael C. Scott. Upon contact with the defendant, Mr. Scott was placed in handcuffs and a pat down search of his person was completed. Police identified the defendant from his driver' license in his wallet as Michael Christopher Scott with a date of birth of April 12, 1966, and an address of 2583 s Hatch Circle, Colorado Springs, Colorado. While escorting the defendant to a police vehicle, a police officer noticed a strong odor of an unknown alcoholic beverage emitting from the defendant' breath. Police officials further observed the s defendant to be unsteady on his feet and he needed assistance in getting to a standing position. Further, police observed that the defendant had bloodshot, watery eyes, and he was unable to successfully perform voluntary roadside maneuvers. Eventually, defendant admitted to police officials that he had consumed a 40 ounce beer a short time ago. The defendant submitted to a preliminary breath test which reflected a blood alcohol level of .209 percent. Later at the police station, the defendant elected to submit to another breath test which resulted in a blood alcohol level of .224 percent. As noted in Violation No. 1, on or about April 13, 2006, the District Attorney' Office in El Paso County, Colorado s Springs, amended Case No. 2006-CR-00520 to include Count 4, Driving Under the Influence of Alcohol or Drugs or Both. On June 15, 2006, the defendant appeared in court with counsel and entered a plea of guilty to Count 3, Harassment and Count 4, Driving Under the Influence of Alcohol, both misdemeanor convictions. The defendant was sentenced by the Court to one year unsupervised probation with the following special conditions: Perform 24 hours community service work, pay costs and fines totaling $451.00 and complete a Level II Alcohol Abuse Education Course by the end of probation. 3. POSSESSION OF A FIREARM OR DESTRUCTIVE DEVICE:

On or about May 1, 2004, to June 30, 2006, the defendant was in "constructive" possession of several firearms and ammunition, as defendant had dominion and control over a storage unit that contained the firearms, which are stored at the Boulder Self Storage, 6623 Arapahoe Avenue, Boulder, Colorado. This violation behavior constitutes a Grade C violation of supervised release. This charge is based on the following facts: On July 15, 2003, the defendant was instructed on his conditions of supervised release by Probation Officer Kristin Alvarez and defendant signed conditions acknowledging that he shall not possess a firearm, destructive device, or any dangerous weapon. Also on July 15, 2003, during a home contact with defendant, Probation Officer Alvarez further questioned the defendant about where he had stored his firearms and ammunition. Officer Alvarez advised Mr. Scott that when investigating the defendant' prerelease plans, Officer Alvarez had spoken with roommate Robert Rowe. Roommate Rowe had advised s Officer Alvarez that the defendant owned several firearms and ammunition that was confiscated by the Federal Bureau of Investigation upon defendant' initial arrest in this case. On July 15, 2003, the defendant advised Officer Alvarez that he s did not have possession of any firearms or weapons, that the firearms were not in a storage unit, but were stored at roommate Rowe' parents'house and such firearms would be eventually transferred to a friend of Mr. Scott, Ed Meyers. s Defendant further advised that Mr. Meyers resided in Boulder, Colorado. On September 12, 2003, the defendant and friend Dean Byrne went to Chris Rowe' parents'house in Boulder, Colorado in s

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an attempt to retrieve defendant' belongings which included firearms. The defendant subsequently advised Probation s Officer Alvarez that, while defendant stayed outside in a separate vehicle, his friend, Dean Byrne, took possession of defendant' firearms and subsequently turned the firearms over to Ed Meyers in Boulder. The defendant advised Probation s Officer Alvarez that he was never in possession of any of the firearms or ammunition. On January 14, 2004, during a home visit, the defendant advised USPO Alvarez that some of his belongings were now in a self storage located off Astrozon Street in Colorado Springs. The defendant advised that he was going to pay the rent on the storage for the next two months. The defendant further advised that the storage unit did not contain any of defendant' s firearms, rather, defendant explained that Ed Meyers in Boulder, Colorado, was still in possession of defendant' weapons. s Officer Alvarez again warned the defendant that he could not be in possession of any firearms or dangerous weapons. On May 6, 2004, during an employment contact, the defendant advised PO Alvarez that Dean Byrne had turned defendant' s firearms over to Ed Meyers and the firearms were now being kept in a storage unit in Boulder, Colorado. The defendant further advised that the name of the storage unit was Boulder Self Storage, located at 5623 Arapahoe Avenue, Boulder, Colorado. The defendant advised Probation Officer Alvarez that Ed Meyers rented a storage unit which the defendant intended to pay for. Officer Alvarez again warned the defendant that he was not to be in possession of any of these firearms. The defendant advised that he understood this instruction. On September 15, 2004, Probation Officer Alvarez spoke with FBI officials in Colorado Springs. The FBI officials advised Officer Alvarez that there was no law regarding convicted felons owing firearms but they could not possess them. Further, FBI officials advised that constructive possession would mean that the defendant would have to have access to the firearms and it was understood that defendant' friend, Ed Meyers, had confirmed that the defendant did not have access to s the self storage unit as there was a padlock placed on it by Mr. Meyers. Mr. Meyers was the only person who had the key to the padlock. On September 24, 2004, Probation Officer Alvarez met with the manager of the Boulder Self Storage in Boulder, Colorado. Officer Alvarez provided a picture of the defendant to the manager and the manager advised that she had never seen the defendant come to the storage unit. A copy of the defendant' lease agreement was provided to Probation Officer Alvarez. s The lease agreement reflected that the tenant was "Michael C. Scott" and friend "Edward A Meyers" was listed as a person, other than Mr. Scott, who had authorization for access to storage unit # 1086. Defendant Scott agreed to pay $50.00 per month for rental charges and the rental agreement was signed by the defendant, Michael C. Scott, and occupant, Edward A. Meyers, on May 1, 2004. The manager further agreed to place an extra lock on the unit, therefore, forcing Mr. Scott or Mr. Meyers to come to the rental office for assistance. The manager further advised that if the defendant attempted to gain access to the unit, that Boulder Self Storage officials would call law enforcement or Probation Officer Alvarez. On October 24, 2004, the manager of the Boulder Self Storage Unit called Probation Officer Alvarez to advise that recently, the manager had received a phone message that a person was very upset as they attempted to gain access to the storage unit and they could not. The manager advised Probation Officer Alvarez that she did not know if the message was left by defendant, Michael Scott, or his friend, Ed Meyers. On October 25, 2004, the manager removed the extra lock from the storage unit. On October 27, 2004, Probation Officer Alvarez again spoke with Edward Meyers and he confirmed that the padlock on the unit was his and the defendant had no access to the unit. On August 9, 2005, Probation Officer Alvarez made contact with the manager at the Boulder Storage Unit. The manager advised that she had not seen the defendant or Mr. Meyers attempting to gain access to the unit. The manager further confirmed that there was, in fact, no access gained to the unit from January 1, 2005, through August 9, 2005. The manager continued to confirm that defendant Scott was paying the monthly storage rental with an automatic debit to his card in the amount of $50.00 per month, due on the first day of each month.

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On January 24, 2006, Probation Officer Alvarez again checked with the manager of the Boulder Storage Unit. The manager advised that she had not seen the defendant, Michael Scott, or his friend, Ed Meyers, attempting to gain access to the unit. Upon review of the storage unit records, the manager further advised that no one had gained access to the keypad for the unit in the last four months, from October 2005, through January 2006. Also in January 2006, Probation Officer Alvarez was advised by ATF officials that they would investigate the defendant' s Boulder storage unit to determine if the defendant had access to his weapons. On or about February 9, 2006, ATF officials interviewed Ed Meyers in Boulder, Colorado. Mr. Meyers advised ATF officials that he had not spoken to the defendant for over a year but had heard from the defendant recently, via email, regarding employment related information. Mr. Meyers confirmed that, to his knowledge, the defendant had not had access to the firearms at the storage unit since being placed under federal supervision. Mr. Meyers agreed to allow agents access to the unit. Therefore, on or about February 9, 2006, ATF Agents traveled to the storage unit and did an inventory of the weapons. Mr. Meyers allowed ATF Agents access to the unit stating that he had the only key to the padlock. ATF Agents advised Mr. Meyers that the defendant still maintained true ownership of the weapons and that Mr. Meyers was not able to sell, or move or do anything with the firearms without the defendant' permission. s Probation Office records further reflect that, on or about February 13, 2006, Probation Officer Alvarez received a message from the manager of the Boulder Self Storage Unit. The manager advised that the defendant, Michael Scott, or occupant Edward Meyers accessed the storage unit on February 9, 2006, at 1803 hours and left at 1932 hours. The manager was unable to confirm who had access to this storage unit. On June 30, 2006, Supervising USPO John B. Griffin made contact with Pat Hard, manager of the Boulder Self Storage. Ms. Hard advised me that because the defendant is listed as the owner of the unit, if he had ever come to the storage unit to gain access to his unit, Ms. Hard or other employees would have had to let defendant gain access. Ms. Hard admitted that even though he wouldn't have had an actual key to unlock the padlock, if defendant would have provided proper identification, he would have been allowed, by storage staff, to open the unit with padlock bolt cutters. The Probation Department submits that, although there is no proof that the defendant actually possessed any of these weapons during supervision, he did exercise the dominion and control over the storage unit that contained various firearms and ammunition. The storage unit lease agreement reflects the defendant as the owner of the unit and Mr. Scott has continued to pay the monthly rental fee since May 2004. Probation Officer Alvarez had suggested and instructed Mr. Scott that he make arrangements to sell or transfer the firearms to friends or other family members. Mr. Scott advised that he did not plan to give up ownership of the firearms. Rather, Mr. Scott advised that once he was off federal supervision, he planned to relocate to a different country where he would be allowed to own and possess the firearms.